Terms of Services

TERMS OF SERVICE

1. NATURE OF THE WEBSITE

2. DESIGN SERVICES

  • a) A Welcome Call to discuss all your requirements and relevant associated details. There shall be no inclusion of any additional requirements or specifications from you 5 business days after the Welcome Call. In case you fail to provide us with complete requirements and instructions related to the design within 5 business days from the Welcome Call, you authorise us to make a selection on your behalf.

  • b) As a Brief, we will also send you a copy of the agreed-upon list of the requirements for confirmation purposes in case you do not respond for 5 business days we shall take that as confirmation from you and assume that no further changes are required by you. Any content that you wish to use shall be provided to us within 5 business days of the Welcome Call. We will endeavour to provide you with the first draft within 12 business days of your acceptance of the Brief.

  • c) After the Brief, we shall initiate the Draft and Review process as the third step whereas we shall provide you with two revisions and you shall provide us with your review within 5 days of receiving the respective draft. Failure to respond within 5 business days shall be taken as your complete satisfaction with the design and Services provided and that you no longer required any changes to the draft and accept it as it is. We reserve the right to cancel the Service if you fail to respond to us for a period longer than 90 days, in which case, cancellation terms shall apply.

  • d) The last step shall be for the Website to Go-Live and we shall require your written confirmation for the same. You must provide us with written email confirmation that the draft supplied by us is final and that no more changes are required thereby making the project complete and only then the Website shall Go-Live. The complete amount of the fee shall be paid after the completion of the review within 3 business days regardless of whether the Website goes live or not. Any changes after the final review process shall only be possible by making a new order with a separate new quote.

3.WARRANTY

  • a ) you have the right to provide us with Your Web Site Property and to use, broadcast or distribute the content on your website or any part thereof;

  • b ) you shall not, without our prior written permission, modify or manipulate yourself or let any other person modify or manipulate any element of the content of the website including but not limited to the text, content structure, graphics, and the source code except that our software are used to create, modify, alter, update, remove, delete or maintain your website;

  • c ) your website as a whole or any part thereof including the content, any products or services offered through the website and any Optimisation Changes implemented by us shall not infringe upon the intellectual property rights or any other rights of any third-parties including the right to privacy or property rights;

  • d ) the website, your usage of it, any content on the website and any products or services being offered through the website shall be compliant with all applicable laws and regulations;

  • e ) your website or any content therein shall not be unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity (including, without limitation, any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libellous, vulgar or violent or constitute hate speech or are otherwise objectionable or considered unsuitable for minors;

  • f ) you have all necessary licenses, authorisation and permissions and are legally entitled to promote, distribute, market or sell the products and services being offered on your website.
  • a) your act or that of a person authorised by you;

  • b) any failure outside our control regarding any device, equipment, software or power supply, unless such failure has been caused due to our wrongful acts or omissions

  • unauthorised or illegal access by a third-party to the systems used to provide the Services including hacking, cracking, virus deamination and DOS attacks

  • d) any scheduled maintenance when completed under the scheduled period, or any irregular or emergency maintenance including system updates or backing-up servers normally carried out between 3-4 AM Australian Standard Time

  • e) any order, decree or direction issued by the appropriate authority having jurisdiction to give such an order, decree, or direction;
  • Router packet loss is in excess of 50% and is sustained for 120 seconds or more
  • Latency across our network exceeds 120 milliseconds for longer than 300 seconds
Outage (in hours) Service Credit (percentage of monthly fees)
<1.0 ? 10.0 10%
<10.0 ? 20.0 20%
<20.0 ? 30.0 40%
<30.0 ? 40.0 60%
<60.0 80%

4. GENERAL

  • (a) Disable, hack, circumvent or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Website content or materials

  • (b) Use any metadata, meta tags or other hidden text utilizing a NETSKY name, trademark, URL or product name;

  • (c) Upload, submit, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters; or any other form of solicitation including soliciting subscribers to become members of any of our competitors; or solicit or promote in any way unlawful gambling or gaming activities, or so-called pyramid schemes.

  • (d) Engage in unlawful, deceptive or fraudulent business practices;

  • (e) Engage in activities which lead to NETSKY or our IP address/es being blocked or placed on a blacklist by any of the third-party service providers;

  • (f) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Website or Services to send altered, deceptive or false source-identifying information;

  • (g) Upload, submit, post, email, or otherwise transmit or behave in a way, via the Website or Services, any content or other materials that is, in the sole opinion of NETSKY, unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including, without limitation, any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libellous, vulgar or violent or constitute hate speech or are otherwise objectionable or considered unsuitable for minors;

  • Publish, download or transmit any Prohibited Content or Potentially Prohibited content including but not limited to any content which would be classified RC, X18+, R18+ by the appropriate classification authority;

  • (i) Destroy, interfere with or disrupt, or attempt to interfere with or disrupt, any web pages or Services available on the Website, or servers or networks connected to the Website or the technical delivery systems of the Website?s providers or break any requirements, procedures, policies or regulations of networks connected to the Website or in any way waste the resources of the Website thereby preventing the full utilisation of our Services by other users;

  • Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Website or Services;

  • (k) Trying to manipulate, bypass, rig or disable the content usage limits;

  • (l) Attempt to scan, probe or test the vulnerability of any of the Website?s systems or networks or the breach, impair or circumvent any security or authentication measures protecting and providing security for the Website or Services;

  • (m) Attempt to search, meta-search or access the Website with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by NETSKY or other generally available third-party web browsers (e.g., Google Chrome, Internet Explorer, Firefox, Safari), including, without limitation, any software that sends queries to the Website to determine how a website or web page ranks;

  • (n) Collect or store personal data about other users of the Website or Services without their express and explicit permission;

  • (o) To falsify your identity or send communication pretending to be someone you are not by manipulating or hiding the original source of the message including spoofing or use of thirdparty servers;

  • (p) Engage in identity theft, or misrepresent or impersonate your affiliation with any person or entity, through pretext or some other form of social engineering or otherwise commit fraud;

  • (q) Use the Website or Services to engage in any fraudulent, abusive or illegal activity, or in any manner not permitted by the Terms of Service or any other related documents governing your use of the Website;

  • (r) Instruct or encourage any other individual to engage in any fraudulent, abusive or illegal activity, or to do any of the aforementioned activities under points (a-q) or to breach and/or violate any of the Terms of Service.

5. REGISTRATION

6. DISCLAIMER

7. TERMINATION OF ACCOUNT

8. LIMITATIONS

9. FEES AND PAYMENTS

10. CANCELLATION OF SERVICES

11. INTELLECTUAL PROPERTY AND LICENSES

12. DISPUTES

13. COMMUNICATIONS

14. PROMOTIONS AND PURCHASES

15. USE OUTSIDE AUSTRALIA

16. SEVERABILITY

17. NON-WAIVER

18. ASSIGNMENT

19. NOTICE

20. GOVERNING LAW

21. ENTIRE AGREEMENT

22. HEADINGS


For Domain Register, Terms and conditions, and user privacy bounded with following legal agreements


LEGAL AGREEMENTS

Customer Master Agreement Registrar Registrant Agreement for Domain Names Customer Agreement for Domain Names